M/S ITW CATALYST PVT LTD., v. M/S MARCADEO ENTERPRISES
WP/30491/2025 · 2025-11-19
Pradeep Singh Yerur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73186 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73186 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:48093 WP No. 30491 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 30491 OF 2025 (GM-CPC) BETWEEN:
M/S. ITW CATALYST PVT. LTD.
A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 2013 16/1, 1ST FLOOR, AVS COMPOUND 80 FT. ROAD, 4TH BLOCK KORAMANGALA BANGALORE - 560 034.
REPRESENTED BY VICE PRESIDENT (LEGAL) MR. THOMAS JOSEPH …PETITIONER (BY SRI S. KALYAN BASAVARAJ, ADVOCATE)
AND:
M/S. MARCADEO ENTERPRISES A PARTNERSHIP FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, 1931 HAVING ITS REGISTERED OFFICE AT 121/26 W-1, SAKETNAGAR KANPUR NAGAR - 208 014.
REPRESENTED BY ITS MANAGING PARTNER MR. YOGESH AGGARWAL. …RESPONDENT (BY SRI ADITYA VIJAYARAGHAVAN, ADVOCATE)
Digitally signed by GAVRIBIDANUR SUBRAMANYA GUPTA SREENATH Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:48093 WP No. 30491 of 2025
THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 27.09.2025 PASSED BY THE COURT OF LXXXV ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU (CCH-86) (COMMERCIAL COURT) BENGALURU IN COM.EX.PET.NO.721/2024 PASSED ON I.A.NO.1 PRODUCED AT ANNEXURE-A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR ORAL ORDER Heard learned counsel for petitioner-JDR and learned counsel for respondent-DHR.
2. This petition is filed by the petitioner-JDR in Com.Ex.No.721/2024 seeking following relief:
"Therefore, it is most respectfully prayed that this honourable court may be pleased to: i. Issue a writ of certiorari quashing the impugned order dated 27.09.2025 passed by the Court of LXXXV Addl.City civil and Sessions Judge, Bengaluru (CCH-86 (Commercial Court), Bengaluru in Com.Ex.Pet.721/2024 in passed on IA No.1 produced at Annexure A; ii. Issue a writ of mandamus directing the Court of LXXXV Addl.City Civil and
- 3 -
HC-KAR NC: 2025:KHC:48093 WP No. 30491 of 2025
Sessions Judge, Bengaluru (CCH-86 (Commercial Court), in Com.execution petition number 721/2024, not to proceed with the matter until the Misc.Pet.No.19/2025 has been heard by the Commercial Court in Kanpur; iii. Pass any other order or orders, which this Hon'ble Court may deem fit."
3. During the course of the arguments, learned counsel for petitioner submits that he would not press on the above said prayers and he only seeks leave of this Court to permit him to file objections to memo of calculations filed in Com.Ex.No.721/2024, which is pending on the file of LXXXV Additional City Civil and Sessions Judge, Bengaluru (CCH-86) (Commercial Court).
Learned counsel for petitioner does not press for any other relief.
4. Learned counsel for respondent made several
contentions and claims with regard to the balance amount not being paid and other grievances, which may be irrelevant to be considered in this case, as this Court is not
- 4 -
HC-KAR NC: 2025:KHC:48093 WP No. 30491 of 2025
delving into the merits of the matter nor the prayer initially sought for by the petitioner. The petitioner has restricted this petition only to permit him an opportunity to file objections to memo of calculations. Therefore, I do not find any legal impediment to grant permission to the petitioner to file objections to memo of calculations.
5. Accordingly, I pass the following:
ORDER i. This petition is disposed of; ii. The petitioner is provided liberty to file objections to memo of calculation in Com.Ex.No.721/2024; iii. It is made clear that this Court has not expressed any opinion on merits of the matter and it does not delve into the fact that the amount paid, amount received and the amount that is due to be paid to the respondent-DHR;
- 5 -
HC-KAR NC: 2025:KHC:48093 WP No. 30491 of 2025
iv. All these questions and contentions are kept open to be urged before the relevant forum in the appropriate proceedings.
Sd/- (PRADEEP SINGH YERUR) JUDGE
CPN List No.: 1 Sl No.: 1